An effective way to avoid disaster

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, examines the JCT Management Building Contract 2001 and finds confusion over when instructions issued become effective. Text changes are needed if potential disasters are to be avoided, he urges.

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Experimenting with insolvency

Pinsent Masons consultant Richard Davis says insolvency has had a major impact on the development of construction law and the relationship between the two has sometimes been problematic. Construction insolvency now deserves to be regarded as a separate category of law, he argues.

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‘Actionable damage’ and limitation

Duncan McCall QC of 4 Pump Court analyses the significance of a Technology and Construction Court decision that has implications for determining when a cause of action in negligence accrues.

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Best practice Horizon scanning cuts risks

Edward Moore of ResoLex Limited and Alastair Farr of Driver Trett argue that improving transparency of communication across project partnerships needs the adoption of horizon scanning processes to identify risks. Best practice guidance is available.

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The other side of the adjudication coin

Should the powers and jurisdiction of adjudicators be extended, as has been suggested by several commentators recently? Anthony Willis of Hill Dickinson thinks not, and warns about the growth of satellite litigation.

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Upsetting the adjudication apple cart

Vijay Bange of Trowers & Hamlins reports on a court decision that has created uncertainty over the scope of an adjudicator’s jurisdiction. He predicts an increase in the number of jurisdictional challenges as a result.

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What next for flood insurance?

Insurance expert John D Wright of JD Risk Associates looks at the insurance cover available for flood damage and warns that a step change in the attitude of insurers is on the cards. Contractors and others involved in flood repair should take note.

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Will the pendulum swing to arbitration?

In the latest article in our alternative dispute resolution series David Owens of Clyde & Co says more user-friendly arbitration could be heading for a comeback as an alternative to litigation which is increasingly expensive and difficult.

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Early launch for Planning Court

Launch of the Ministry of Justice’s specialist Planning Court has been brought forward to 6 April, several months ahead of its originally intended launch date.

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